Business Stuff | 3

Summary

Criminal Attorney: Business Stuff | Episode 3 Summary

Release Date: September 30, 2024
Host: Brandon Jenks Jenkins
Produced by: Matthew Nelson, Chris Segal, Stephanie Joaquin, and team

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Introduction to New York Confidential

The episode opens with a vivid depiction of New York Confidential, an exclusive and illicit escort service operating out of a luxurious Manhattan loft at 79 Worth Street. The setting is lushly described, emphasizing its Moroccan kasbah-inspired decor with 18-foot ceilings, plush sofas, and an opulent crystal chandelier. This backdrop sets the stage for the high-stakes interactions and power plays that unfold within.

Ron Sperling's Reality Show Ambitions

In 2004, Ron Sperling, an experienced TV and film producer, seeks to create a reality show exploring the inner workings of New York Confidential. He orchestrates a meeting with Jason Itzler, the flamboyant owner of the escort service, and Natalia, the star escort and Jason's girlfriend.

Jason Itzler (00:49): "And I go, look, we have some points we need to cover. First of all, you know, I gotta get everybody in here to sign off."

Ron aims for an intimate portrayal, avoiding sensationalism. However, Jason pushes for a more unrestrained approach, wanting complete access without release forms, thereby risking the show's integrity.

Jason Itzler (03:06): "When Paul heard my plan, he was like, okay, Jason, if you want to do this... not Jason's version. This is fucking nuts."

Paul Bergrin's Dominance and Influence

Paul Bergrin, Jason's lawyer and an integral figure behind New York Confidential, is introduced as a formidable presence. Initially passive, Paul asserts his authority, making it clear that his approval is paramount.

Jason Itzler (03:32): "Paul was a scary dude... if Paul asked you to do something, it wasn't a request. It was an order."

Paul ensures the operation maintains a veneer of organization and discretion, contrasting Jason's flamboyant persona. He manipulates scenarios to protect himself, avoiding direct involvement even as he oversees the escort service's intricate activities.

The Dual Nature of New York Confidential

As Ron delves deeper into filming, he uncovers the dual facets of New York Confidential. On one hand, Jason is the charismatic frontman, engaging in showmanship and attracting high-profile clients. On the other, Paul maintains strict control behind the scenes, ensuring the operation runs smoothly and discreetly.

Jason Itzler (05:56): "This is like, oh, let's order some room service. Sure, you want to have champagne? They'll make out with you. They'll just cuddle..."

Despite the outward chaos, Paul enforces strict boundaries, such as limiting on-site activities and ensuring escorts meet clients offloft, thereby minimizing risks and maintaining operational secrecy.

The FBI's Investigation and Shawn Brokos's Struggles

Parallel to the unfolding drama at New York Confidential, FBI Agent Shawn Brokos grapples with personal and professional challenges. Her informant, Kimo McCrae, betrays her trust, leading to the wrongful arrest and eventual murder of associates due to fabricated conspiracies.

Shawn Brokos (13:37): "I think he was torn between leaving his family and everything he knew and starting over."

Kimo's deceit not only jeopardizes ongoing investigations but also deeply affects Shawn, forcing her to confront the harsh realities of her role and the limitations of her influence.

Paul Bergrin's High-Profile Case

The episode also highlights Paul's aggressive legal strategies through his defense of Sergeant Javal Davis, a soldier accused of war crimes at the Abu Ghraib prison. Paul's approach is unapologetically confrontational, aiming to expose higher-level government culpability rather than solely defending his client.

Paul Bergrin (27:13): "He would start off every single time with it is my honor and privilege, he would say, booming voice to defend Javal Davis."

Despite Paul's efforts to shift blame upwards within the military hierarchy and his relentless media presence, Javal faces significant consequences, receiving a six-month sentence and a bad conduct discharge. Paul's tactics, while bold, ultimately do not achieve the complete vindication he sought.

Intersecting Paths and Rising Tensions

As Paul continues to ascend in his legal endeavors, representing powerful criminals and taking on formidable cases, Shawn remains mired in the aftermath of Kimo's betrayal and subsequent death. The episode builds tension between these parallel narratives, hinting at future confrontations and deeper investigations into both Paul’s and Shawn’s struggles.

Cliffhanger: A New Lead

The episode concludes with Shawn receiving a potentially pivotal lead regarding Kimo's murder. A mysterious caller claims to know the perpetrator and the location, but also mentions being in danger, setting the stage for the next installment.

Shawn Brokos (32:07): "He goes, I know who did it. I know where it happened. I need to talk to you about it, but I am in danger."

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Key Takeaways

• Power Dynamics: The intricate power plays between Jason Itzler and Paul Bergrin reveal the complex hierarchy within New York Confidential.

• Ethical Dilemmas: Shawn Brokos's internal conflict showcases the moral and emotional toll law enforcement officers endure when dealing with compromised informants.

• Legal Aggression: Paul Bergrin's tenacious legal defense strategies illustrate his willingness to challenge authority and push legal boundaries.

• Interconnected Stories: The episode effectively weaves together multiple storylines, setting up future developments and deepening the overarching narrative.

Notable Quotes with Timestamps

• Jason Itzler (00:49): "And I go, look, we have some points we need to cover. First of all, you know, I gotta get everybody in here to sign off."
• Jason Itzler (03:06): "When Paul heard my plan, he was like, okay, Jason, if you want to do this... not Jason's version. This is fucking nuts."
• Jason Itzler (05:56): "This is like, oh, let's order some room service. Sure, you want to have champagne? They'll make out with you. They'll just cuddle..."
• Shawn Brokos (13:37): "I think he was torn between leaving his family and everything he knew and starting over."
• Paul Bergrin (27:13): "He would start off every single time with it is my honor and privilege, he would say, booming voice to defend Javal Davis."
• Shawn Brokos (32:07): "He goes, I know who did it. I know where it happened. I need to talk to you about it, but I am in danger."

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Looking Ahead

As the episode wraps up, listeners are left anticipating the revelations that Shawn will uncover regarding Kimo's murder and how these developments will intertwine with Paul's rising influence and the ongoing operations at New York Confidential. The next episode promises deeper insights into these conflicts and the characters’ evolving strategies to navigate their perilous environments.

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Transcript

[Brandon Jenks Jenkins]

Wondery subscribers can binge all episodes of Criminal Attorney early and ad free. Join Wondery in the Wondery app or on Apple podcasts. Wondery. There was nothing discreet about the inside of 79 Worth Street. The massive Manhattan loft was decorated like a Moroccan kasbah. Lots of sofas, pillows on the floor, and 18 foot ceilings. This was the home of New York Confidential, a very exclusive, very expensive, very illegal escort Service. It was 2004 and Ron Sperling was seated at a big oak table underneath a crystal chandelier. A petite woman with glossy dark brown hair sat on his lap.

[Jason Itzler]

And I go, look, we have some points we need to cover. First of all, you know, I gotta get everybody in here to sign off.

[Brandon Jenks Jenkins]

But Ron wasn't a client. He was trying to make a deal. Ron had come by to hammer out the logistics for a reality show he wanted to make about the inner workings of New York Confidential. The woman sitting on his lap was its star escort, Natalia. Ron had gotten a meeting because of Natalia. He knew her when she was a struggling actress before she was charging clients $2,000 an hour. The negotiations seemed to be going well. Jason Itzler, the owner of this establishment and Natalia's boyfriend, seemed to really crave the spotlight. He referred to himself as king of the pimps. He was a flashy guy with thick black eyebrows and a custom fur coat. He wanted to grant Ron all kinds of access to the fancy law and to its clientele.

[Jason Itzler]

There were a couple of presidents of networks that I knew very well. A couple of guys from the NBA, maybe whoever was in town playing the Knicks that night. The list goes on and on.

[Brandon Jenks Jenkins]

But Ron had plenty of experience in television and film. He knew he'd never get any of the customers to agree to appear on camera.

[Jason Itzler]

I said, now, it's not the first reality show I've done. It's very simple. If you don't sign a release, I can't put you on camera.

[Brandon Jenks Jenkins]

Ron had a lot riding on this. He was self financing the production and he didn't want to take unnecessary risks. Besides, he wasn't aiming for a splashy, gossipy expose. He wanted to paint a more intimate picture.

[Jason Itzler]

I said, the story that I want to tell is really the relationship between you and Natalia. And he goes, oh, yeah, you have to make. Natalia's got to be the star of the show. So he's kind of blowing himself up by saying, that's why I'm going to let you do this.

[Brandon Jenks Jenkins]

And Jason went a step further. Signed releases be damned. Why not just show Everyone and everything at New York Confidential, Jason wanted to completely open up the operation to Ron's cameras. There was a fourth person at the table with them. Jason's lawyer, Paul Bergrin. During this conversation, he was mostly holding back and listening. After a while, he chimed in to back Ron's vision of telling a love story.

[Jason Itzler]

When Paul heard my plan, he was like, okay, Jason, if you want to do this, if you want to do this, then, you know, yeah, I think it's a good idea, but not Jason's version. Be clear. When he heard Jason's version, he was like, this is fucking nuts.

[Brandon Jenks Jenkins]

Ron was glad for the support, but he would come to understand just how much power this lawyer held.

[Jason Itzler]

Paul was a scary dude. He wasn't forced to be reckoned with. He, you know, let's put it this way. If Paul asked you to do something, it wasn't a request. It was an order.

[Brandon Jenks Jenkins]

From wondering. I'm Brandon Jenks Jenkins, and this is.

[Jason Itzler]

Criminal Attorney over shoulders in opposite position.

[Brandon Jenks Jenkins]

Run. Better run. Better run. Run from the boogeyman. This is episode three, business stuff. Ron Sperling was back at New York Confidential, but this time with his crew. They were getting ready to film, but he made sure to keep the client out of the frame.

[Jason Itzler]

There was a big Wall street guy there, and I had them put the camera down on the coffee table, but aimed at where Jason was talking to the guy. I just. I just let it roll. Just let it roll. Leave it on and walk away.

[Brandon Jenks Jenkins]

For a TV producer, staking your own project is a huge gamble, especially if you haven't got a buyer. But this was the era when explicit TV shows like HBO's Real Sex and Cat House were shooting up the ratings charts. Ron's New York Confidential project would have everything those had, plus a lead character who really liked to talk.

[Natalia]

The game is to the first hour. Who cares? It's bullshit. Get extra hours off these people, okay? Divide and conquer. Pull them away from their friends and get them to keep these up.

[Brandon Jenks Jenkins]

This is from the sizzle reel from Ron's reality show. By this point, Ron had shot a ton of hours of Jason Itzler talking to the camera, laying out the details of his business. In some scenes, he looks professional. He's wearing a suit jacket and a white T shirt. Other times, he's wearing a shirt that says, your girlfriend's pimp. Or he's shirtless and he's always on.

[Natalia]

We're exceptional. We're the best. One out of 50 girls are of high enough quality superficially in their brains to Work for New York Confidential. The only way to pull that off is for me to hire girls that have no experience being escorts, being strippers. Girls have to be fresh, new.

[Brandon Jenks Jenkins]

According to Jason, they were offering their clients the girlfriend experience.

[Jason Itzler]

This is like, oh, let's order some room service. Sure, you want to have champagne? They'll make out with you. They'll just cuddle, put their arms all over you. That's the girlfriend experience.

[Brandon Jenks Jenkins]

The more Ron filmed, the more he began to understand how New York Confidential operated. There were two sides to the organization. Jason was a showboat and a live wire. He did things to get attention.

[Jason Itzler]

Jason had these business card maids. They were made out of titanium and they were engraved and they said, New York Confidential, rocket fuel for winners. There's a shot of them cutting cocaine with it. It was great for that. That's why everybody loved them. Not that I've ever done that, but I've watched and shot many people doing it.

[Brandon Jenks Jenkins]

But Jason couldn't just do whatever he wanted. There were limits and parameters in place at New York Confidential. For one, there was actually very little sex happening at the loft. The escorts were sent out to meet clients in hotel rooms and apartments across the city.

[Jason Itzler]

I did some cool shit where the camera, like, followed Natalia into the hotel lobby. Then it would cut to Natalia in the limo on the way back to the loft after two or three or four hours saying, oh, wow.

[Brandon Jenks Jenkins]

As for the bill, so when you.

[Jason Itzler]

Went to New York Confidential and used it on your credit card, your credit card bill came back as New York Steakhouse.

[Brandon Jenks Jenkins]

It was actually called Gotham Steak, which is equally ridiculous, but nonetheless, it was a pretty tight ship. There was a level of organization and discretion that didn't seem to fit the owner's profile. But it did fit the profile of Jason's lawyer, Paul Bergrint. The other side of New York Confidential. Paul and Jason met after Jason had been caught in the Newark International Airport after smuggling Ecstasy from Amsterdam. Jason was on parole and had to wear an ankle monitor, which meant he was required to report back to his New Jersey apartment every night at 9pm he had heard that Paul could fix any problem. So Jason met up with him and fixed the problem. He did. Paul claimed that Jason was working for him as a paralegal, which got him out of the curfew. Now, Jason did attend law school, the same one as Paul, as a matter of fact, but obviously he didn't do any real legal work. The reality was the late hours that Jason claimed he worked for Paul. He was running New York Confidential and enjoying the life that came with it. But Paul kept his distance from the titanium business cards and the snorting.

[Jason Itzler]

Paul wasn't there that often, or as often as you think he would be there.

[Brandon Jenks Jenkins]

Paul would typically call ahead to see if they were filming. If Ron was there with the cameras, then Paul would usually avoid the loft. Ron had agreed not to film or record Paul, but one day, Paul came by to talk with the star escort.

[Jason Itzler]

Natalia, and we were there shooting. And Paul kind of took her in her bedroom and closed the door behind her.

[Brandon Jenks Jenkins]

Ron and Natalia were good friends, and she often confided in them. Ron knew full well she was afraid of Paul, who she was now alone in the room with. This all happened so fast that Ron didn't have time to remove Natalia's mic pack. She was still mic'd up, and everything that was said was being recorded.

[Jason Itzler]

I thought about going and knocking on the door, and I go, you know what? I'm gonna shut up. Let's just see where this goes. Now listen as much as the next guy. I'm gonna listen, you know, not like I turned the level down on the mixer.

[Brandon Jenks Jenkins]

What Ron heard was Paul telling Natalia she needed to go out on a.

[Jason Itzler]

Job, and he wanted her to go and work and do something, and she wasn't up for it.

[Brandon Jenks Jenkins]

Natalia pushed back. She told Paul she didn't want to do it. Typically, she was asked if she wanted to work before jobs were booked, but Paul was not asking.

[Jason Itzler]

You knew whenever Paul talked to you that there was an agenda beyond the agenda he was presenting to you. Trial attorneys have a distinct ability to lead you down a deceptive path for their own benefit.

[Brandon Jenks Jenkins]

Natalia tried to argue a case with Jason later.

[Jason Itzler]

He was just like, be ready at midnight or whatever. And he's like, you got to get your shit together and go take care of this.

[Brandon Jenks Jenkins]

So she left and did the job Paul had insisted on.

[Jason Itzler]

He was using the girls to take care of other business stuff that he was doing. He would call Jason and say, I need two girls to go see these two New Jersey state troopers to make a problem go away. There was a lot of that kind of shit that went on.

[Brandon Jenks Jenkins]

It was never clear exactly what this business stuff was, according to Ron, but it was obvious that Paul was using his connections at New York Confidential to influence powerful people, the kind of people who could keep his clients out of.

[Jason Itzler]

Jail, let's just say from time to time, as far as I knew it, mostly on Paul's behalf, there were people who got serviced and did not have to pay for it. And some of Those people may have been involved in law enforcement, government, whatever.

[Brandon Jenks Jenkins]

During his time filming at New York Confidential, Ron came to realize that Paul was a bully who was used to getting his way. Ron didn't capture much of this on tape, but that's no surprise.

[Jason Itzler]

That was absolutely forbade. He was smart because he knew if my footage ever got subpoenaed, he didn't want to be on any of it.

[Brandon Jenks Jenkins]

Paul was getting pretty good at staying in the shadows and using other people to do his dirty work. A few weeks after Kimo got made, Shawn got some bad news. She learned that Keemo hadn't been totally straight with her. Chemo had helped Shawn make multiple arrests. One in particular involved Richard Hostin, the man who ended up in a cell talking with Will Baskerville. Richard was arrested with another man when they were charged with conspiracy to sell drugs because presumably they were working together. Only there was a problem.

[Shawn Prokos]

After we had arrested both individuals, they were adamant that they just weren't working together.

[Brandon Jenks Jenkins]

But on the recording Kimo made for.

[Shawn Prokos]

The FBI, he was manufacturing that conversation to make it sound like a conspiracy when it was not a conspiracy. And we did not know then, conspiracy.

[Brandon Jenks Jenkins]

To sell drugs is a way worse charge than just individual drug dealing. Was he trying to jam them up? Shawn went and got chemo and brought him into the office where she confronted him with the evidence.

[Shawn Prokos]

We sat him in the arrest room and he wrote a statement out. And, you know, I'll never forget it because he was just, you know, he was extremely apologetic. He felt like he let us down. It was almost like it was personal. And he wrote out this one page confession. He hand wrote it. He signed it. I signed it.

[Brandon Jenks Jenkins]

Kimo admitted he had wanted the men on the recording money. That's why he'd made it look like a conspiracy. If the guy was in jail, he didn't have to pay him. After he signed this confession and gave it to Sean, she delivered some hard news.

[Shawn Prokos]

I said, this is it. You've lied. Your word is no longer credible. You know, make no mistake, you can be arrested for this.

[Brandon Jenks Jenkins]

Shawn gathered up the team that had been working with Kimo. There was a couple other agents, a task force officer, and a couple assistants and U.S. attorneys.

[Shawn Prokos]

We went back and huddled with the prosecutors. Hey, where do we go from here? What do we do? And, you know, ultimately we decided not to charge Chemo. But we also decided that he could no longer work for us as an informant.

[Brandon Jenks Jenkins]

They were terminating him. He would no longer be a confidential informant for the FBI. He'd betrayed A dangerous crew running his neighborhood. And now he had lost the trust of the FBI. Kimo was running out of allies, running out of options. And soon he'd be running out of time. Even though Kemo McCrae was no longer a confidential informant, the threat against his life remained very real. Shawn Prokos knew she and the FBI still had a responsibility to keep him safe. She wanted to get him out of town as far as he was willing to go.

[Shawn Prokos]

We had talked about him going to Florida, down to Georgia, just different areas.

[Brandon Jenks Jenkins]

A couple years back, standing in front of his mother, Shawn had offered Keemo a devil's bargain with two options. Either become a confidential informant and go to work for the FBI, or go to jail. Now she offered Keemo a choice that was just as impossible. Give up his friends, his kids, his family, and his life as he knew it. To enter witness protection, or stay in Newark knowing his life was in danger.

[Shawn Prokos]

I think he was torn between leaving his family and everything he knew and starting over. Look, WITSEC is a very regimented, serious program. You have to cut all ties. You're by yourself. You're not talking to your mom. You're not talking to your kids. You are sent somewhere. New name, new identity, no ties with your old life.

[Brandon Jenks Jenkins]

If he went with the first option, he'd be all alone in a brand new place. But if he stayed in Newark, he'd have a target on his back. This risk had always been right there in the fine print. Whether or not Keemo had truly understood that becoming a CI could lead him here, and whether Sean had tried her absolute hardest to make it clear for him did not matter now. It had never been a simple or easy choice, and this next one was even more difficult.

[Shawn Prokos]

He was close to his family. You know, he had been born and raised in Newark. And for him to go elsewhere was just not something he was open to doing. And he wasn't going to leave. He just was not going to leave this area.

[Brandon Jenks Jenkins]

So Sean pivoted. If Keemo wasn't willing to move to Florida, maybe he'd at least go a few towns over.

[Shawn Prokos]

We gave him money to relocate, and he relocated, I believe to West Orange.

[Brandon Jenks Jenkins]

That's a town about eight miles west of Newark.

[Shawn Prokos]

That was not great. But he told us, look, I'm, you know, I'm off the street. I'm doing my own thing. I'm working odd job. And that it wasn't great, but it was good enough. It was as good as it was going to get.

[Brandon Jenks Jenkins]

And it worked for a time. But eventually Chemo ran out of money, and then he'd get spooked. Maybe he saw a car following him and he called Sean for help.

[Shawn Prokos]

At first it was very much okay, this is a real threat. This is a real threat. But then it became, all right, we paid him a little bit more just to kind of keep him away or keep him out of sight.

[Brandon Jenks Jenkins]

But this kept going on.

[Shawn Prokos]

So this is where the lines get blurred. Because Keemo had lied about that conspiracy, it was really hard to trust him. And when he would call me and say, hey, I think I'm being followed, or, hey, I think this is happening, you know, the cynical part of me took that as he's looking for more money.

[Brandon Jenks Jenkins]

Maybe Keemo wasn't wrong to ask for that money. Sure, he lied and got caught by the FBI, but they had put him in a dangerous situation. He was playing the game to the best of his ability. But the FBI made the rules. Keemo wasn't playing by them.

[Shawn Prokos]

And we had told him, this is what you get. It's a lump sum. You know, be smart with what you're doing. And the money ran out. And of course, he came back home, came back to Irvington and was doing odd jobs.

[Brandon Jenks Jenkins]

On March 2, 2004, Kimo was working a construction job in Newark with his stepfather. They were tearing down drywall inside a house. Kimo was about five years old when his stepfather married his mom, so he had always thought of him as his dad. They were close. According to his stepfather, Keemo would go over and have Sunday dinner with him every week. In a recent conversation, Keemo had mentioned he wanted to learn how to renovate houses. Like his stepfather, he thought this could be a potential career path, a chance to get away from selling drugs, and a way to stay clear from the danger. He knew that Hakeem Curry's crew was out to get him. He said to his stepfather, daddy, they're gonna kill me. There was talk on the streets about another informant who was supposed to testify in a Curry related case who had been killed just two days before. So his stepfather brought Kemo on this job with him. It was their first time working together. They spent the morning demoing the interior of the house. It was Keemo's job to run the pieces of wall and flooring out to the dumpster. He had on the face masks and gloves to protect himself from any dust and debris. Around lunchtime, Kimo's stepfather wanted to treat him to lunch for all his hard work. They walked to Cooper's a little sandwich shop down the street from the house. According to Kimo's stepfather, they were just rapping with each other, talking about this, that, and the other. After his stepfather got the sandwiches, Kimo told him he didn't have any cigarettes on him. Could they walk down the streets to buy some? They headed over one more block to a corner store. Keemo's stepfather ran inside and bought some Lucy's. He came back out and handed Kimo the cigarettes. Then they walked about a block towards the house when someone who had been watching Chemo stepped up behind them. Sean was sitting down in the Newark FBI office.

[Shawn Prokos]

I had a desk right in front of the window looking out at the river. And we always had the radio on because we were always monitoring what was happening. So we had the radio on and. And somebody said, there's been a shooting.

[Brandon Jenks Jenkins]

Shootings weren't rare in Newark, but Sean had a bad feeling about this one.

[Shawn Prokos]

Simultaneously, I'm getting a call from switchboard, so our main number coming down to my desk phone saying, sean, there's a woman crying hysterically, crying, she needs to talk to you immediately. And I said, well, who is it? What's happening?

[Brandon Jenks Jenkins]

It was Chemo's mom.

[Shawn Prokos]

She's screaming, they killed Chemo. They killed Chemo. He's dead. They've shot him. He's dead.

[Brandon Jenks Jenkins]

Sean was in shock.

[Shawn Prokos]

She's screaming at me. And I said, what are you talking about? What are you talking about? And then right there, I was able to piece together that the call I had heard on the radio was the execution of Chemo.

[Brandon Jenks Jenkins]

Just days before his 33rd birthday, Kimo had been shot dead on a busy street in broad daylight. He was shot three times in the back of the head. Shawn got in her car and raced down to the crime scene as quickly as she could.

[Shawn Prokos]

By the time we got out there, they had already taken the body, but there was blood in the street, and there's just the markings of shell casings and that sort of thing.

[Brandon Jenks Jenkins]

The police were still milling around the crime scene. Shawn looked around for any potential witnesses.

[Shawn Prokos]

Vacant, eerie, not a soul around, because that's what happens in Newark if there's a shooting. Everybody scatters. It was almost as if nothing had happened, which was the craziest feeling.

[Brandon Jenks Jenkins]

She told one of the newer detectives on the scene that Kimo had been her informant as the consequences of that fact started to creep up on her.

[Shawn Prokos]

The first thought I had is, what could I have done? Did I? Was this. Is it my fault? If you become an informant, we'll do everything in our power to protect you forever. Could I have protected him better? I'm responsible. You start having that conversation with yourself that I'm responsible for his death.

[Brandon Jenks Jenkins]

When Shawn saw there was nothing she could do at the crime scene, her next stop was Kimo's stepfather's house where his family was waiting.

[Shawn Prokos]

And I got to his father's house and his. They let me in, but they didn't want me there. They were very, you know, very accusatory of me that I'm the one who got him killed. This is all because of you. You know, he worked for you. You couldn't protect him. He's dead.

[Brandon Jenks Jenkins]

Sean stood there and took it. She promised Keemo's mother that she would do everything in her power to keep Keemo safe. But apparently her power did not extend that far. The man in front of Sean had just seen his stepson murdered. There was nothing she could say.

[Shawn Prokos]

They're yelling, screaming, crying, and his father was just, you know, berated me and talk about feeling awful. I said, I know he was a good person. I want you to know that. Because he was trying to do the right thing, and he was a good person. And they just weren't open to hearing anything I had to say.

[Brandon Jenks Jenkins]

They had just lost their son. I mean, what could you expect?

[Shawn Prokos]

So I remember being in the house for a couple minutes and just them yelling and crying and screaming and blaming it on me. And I thought, all right, this is.

[Brandon Jenks Jenkins]

Not going to be.

[Shawn Prokos]

This is not a good place to be right now.

[Brandon Jenks Jenkins]

Sean was asked to leave. We reached out to Keemo's family, but they declined to participate. All these years later, Kimo's death still weighs heavy. In the days that followed, she kept thinking about Kimo and his death. Kept turning it over in her head.

[Shawn Prokos]

That was the defining moment in my life. Made me step back and really think, am I the right person for this job? Am I really the person who's cut out to do this? Because I've just put somebody in the crosshairs? And they were brutally murdered in broad daylight.

[Brandon Jenks Jenkins]

Sean was feeling a bit lost. But she knew one thing. She wanted to find Keemo's killer and bring them to justice. Even though the shooting happened in Newark City center, there was no camera coverage. Keemo's stepfather didn't get a good look at the shooter. The getaway was clean. Shawn knew that whoever pulled the trigger was acting on behalf of Hakeem Curry. But after that, she had nothing. No one was talking.

[Shawn Prokos]

No one saw anything The Curry organization had people killed. They had people murdered. Those murders went unsolved. They were good at what they did. I was somewhat resolved to the fact that we know this group was behind it. But will we ever get to the shooter? I honestly, I didn't have much hope that we would.

[Brandon Jenks Jenkins]

Turning chemo, getting people who had committed crimes, civilians, anyone, to talk to her about what they've seen, about what goes on in their world. That was central to Shawn Brokos work. The irony was she now needed someone else to risk their life, as Keemo had done, to help her get to the bottom of his death. And while Shawn Brokos was enduring the lowest point in her career, Paul Pour Grint was rising to his heist run from the boogeyman. Paul was far from Newark where he represented drug kingpins and murderers, even farther from the Manhattan escort agency where he was on retainer, leaning on frightened escorts and babysitting a shirtless pimp. In 2004, Paul Bergren was standing in a military courtroom in Fort Hood, Texas, representing a soldier named Javal Davis. On October 22, 2004, motion hearings were held for the cases of Sergeant Javel Davis and Specialist Charles Graner, two Military Police soldiers accused of abusing detainees at the Baghdad Correctional Facility, Abu Ghraib. The defendant's name may not ring a bell, but the charges might. Javal was one of the American soldiers accused of torturing detainees at Abu Ghraib prison in Iraq. It was a shocking human tragedy and a global public relations nightmare for the US With American military being exposed for committing human rights violations and war crimes. Javal was named as one of the torturers. He had five charges, including maltreatment of detainees and assault. He was accused of stepping on the hands and feet of a group of handcuffed detainees as well as falling on top of them with his full 220 pound weight. Paul had been contacted by Javal's family. He said when he met with them, he felt a duty as someone who'd been in the military himself to protect and defend his fellow soldier. And Javal was a hometown boy. He'd grown up in Roselle, New Jersey, not that far from Newark.

[Paul Bergrin]

He would start off every single time with it is my honor and privilege, he would say, booming voice to defend Javal Davis.

[Brandon Jenks Jenkins]

Stjepan Mestrovic was an expert witness for Paul Bergren. He's a professor of sociology at Texas A and M, and his main area of study is war crimes.

[Paul Bergrin]

It's kind of unusual to be doing war crimes. It's Not a common theme in sociology.

[Brandon Jenks Jenkins]

Stjepan watched Paul present his case. He hit on the severity of what Javal was charged with. Or more accurately, how not severe it was.

[Paul Bergrin]

He was guilty of dereliction of duty, conspiracy, maltreatment. But it ended up being a few seconds, less than a minute of stomping on some prisoners toes. That was it. He didn't hit anybody. He didn't torture anybody. That was all they had on him.

[Brandon Jenks Jenkins]

For Paul, it wasn't about the degree of the assault, but what could have driven Javal to it. And for that, Paul turned to Styapan. Paul had brought him there to give a deposition about the conditions at Abu Ghraib. How a place like that could get someone like Javal to do the things he did.

[Paul Bergrin]

Look, this is the atmosphere. A very stressful, hellish sort of environment where everyone is in constant fear. Nerves are on edge. People have ptsd. This is the context in which you have to look at Javal Davis.

[Brandon Jenks Jenkins]

When he took the case, Paul actually traveled to Iraq to meet him. And he'd been digging around. And that led him to setting his sights much higher. According to Paul, almost immediately after speaking with Javal, he knew he would have to reveal the White House and United States government's involvement. He didn't believe that Javal should be held accountable for what he did at APU Ghraib. Paul thought Javal was being scapegoated. That there were people at the top who gave the orders.

[Paul Bergrin]

And he just wanted to go for the jugular. Like he wanted to bring up the CIA presence and the interrogation rules and how they came from Donald Rumsfeld. And he was dropping these names. He wanted to bring him on the witness stand.

[Brandon Jenks Jenkins]

Not only Donald Rumsfeld, who was the secretary of defense at the time. He also wanted to force the top military commanders to testify. He even wanted to subpoena President George W. Bush. Paul Bergrin was taking his fight to the very top of the federal government.

[Paul Bergrin]

He was like out of that movie A Few Good Men. Like Tom Cruise.

[Brandon Jenks Jenkins]

Paul argued his case in both the courtroom and the press.

[Jason Itzler]

I thought that I unequivocally proved beyond any shadow of a doubt whatsoever. That Rumsfeld had knowledge of the interrogation techniques.

[Brandon Jenks Jenkins]

In this case, when there were breaks in the action, Paul would go out and monologue to the reporters, shoving mics in his face.

[Jason Itzler]

I think that Javal Davis will be acquitted. I think that he'll be vindicated. And that the individuals who are responsible for what happened in this particular case, that's high level individuals within the United States government hopefully will be brought to justice.

[Brandon Jenks Jenkins]

For someone who had been iced out of the Assistant U.S. attorney's Office and then indicted by that very office, this had to feel good. It was kind of like that moment in a breakup where he got to show his ex exactly what they had given up. Paul was wrong about the outcome, though. Javal Davis was not vindicated, but Paul helped him get an incredibly light punishment. Javal pleaded guilty to dereliction of duty and making false statements. He was given six months in military prison and given a bad conduct discharge. Nobody in the higher levels of government was prosecuted or held accountable. Paul would have to wait until another opportunity to expose the administration. While Paul Berggren was talking loudly to reporters about military justice, Shawn Brokos was sitting in relative silence. No one who knew anything valuable would talk to her about who had killed.

[Shawn Prokos]

Her informant because nobody cooperated. They didn't cooperate against Curry or any of those folks because they knew if they did, they'd get killed. So I knew it was going to be a high hurdle finding the killer.

[Brandon Jenks Jenkins]

Months and months passed with no progress as Shawn came to grips with her new membership in a very exclusive but undistinguished club.

[Shawn Prokos]

I mean, if you go through the history of cases, how many agents have lost their sources? There's probably not many of us. It's not a badge of honor, let me tell you that. It's. It's an awful, awful, awful feeling that never goes away.

[Brandon Jenks Jenkins]

That feeling might never go away. But one day, Shawn did get some good news. She was at the office when she got a phone call from the agent who was assigned to answer the phones.

[Shawn Prokos]

He said, hey, somebody wants to talk about Kimo's murder.

[Brandon Jenks Jenkins]

He asked her if she wanted to talk to the guy. Sean said, yes, absolutely.

[Shawn Prokos]

So I take the call, and he says, I know who killed Chemo. And I'm thinking, oh, here we go. This is, you know, another bullshit rumor.

[Brandon Jenks Jenkins]

Sean was skeptical at first, but she was already reeling from having lost one informant. So what the caller said next made her snap to attention.

[Shawn Prokos]

He goes, I know who did it. I know where it happened. I need to talk to you about it, but I am in danger. And I'm thinking, okay. All of a sudden, this got very real for me.

[Brandon Jenks Jenkins]

That's on the next episode of Criminal Attorney. Follow Criminal Attorney on the Wondery app, Amazon Music, or wherever you get your podcast. You can binge all episodes early and ad free right now by joining Wondery plus and the Wondery app or on Apple Podcasts. Before you go, tell us about yourself by completing a short [e-mail] survey from Wondery this is episode three of six of Criminal Attorney. Criminal Attorney is hosted by me, Brandon Jenks Jenkins. This series is recorded and written by Matthew Nelson. Senior producers are Chris Segal and Stephanie Joaquin. Senior story editor is Rachel B. Doyle Associate producer is Malachi Wade Consulting producer is David Fox with additional writing from Neil Drumming Fact checking by Annika Robbins Sound design and mixing by Jeff Schmidt Audio assistance by Daniel William Gonzalez Sound supervisor is Marcelino Villalpando Music supervisor Scott Velasquez for Freeson Sync Senior managing producer is Latta Pandya Managing producer is Heather Baloga Development producer is Olivia Weber Executive producer is Matthew Nelson Executive producers are N'idri Eaton, George Lavender, Marshall Louie and Jen Sargent. For Wondering.